Federal Trademark Application & Service Mark Application RejectionBy James Blake on
Federal trademark registration or service mark registration is often a critical part of growing your intellectual property and brand value. To register a trademark or register a trade name, it’s important to ensure that your trademark application or service mark application has been prepared or reviewed by a trademark lawyer, as the Trademark Office reports that 90% of trademark applications and service mark applications that aren’t prepared by a trademark lawyer are rejected.
Why Trademark & Service Mark Applications are Rejected
To register a trademark or register a trade name and protect your intellectual property, your federal trademark, service mark, or trade name must fit certain criteria or else your trademark application or service mark application may be rejected. Consult with an Austin trademark lawyer to ensure that your federal trademark registration or service mark registration isn’t rejected. Common reasons for rejection include:
• The trademark or service mark is “non-distinctive”
• The trademark or service mark is a generic or descriptive term
• The trademark or service mark is likely to be confused with another mark
After a Trademark or Service Mark Application is Rejected
If your federal trademark registration or service mark registration is rejected, you have a number of months to make a response. You should contact a trademark lawyer to advise your case, and provide an analysis of the strength of your trademark application or service mark application, and what options are available. In some cases, a trademark lawyer can help you respond to the trademark or trade name rejection and successfully register the trademark or service mark.
Our Austin business law firm regularly consults clients in trademark registration, service mark registration, and other intellectual property matters. Call our business law firm today to talk with an Austin trademark lawyer.
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